( 1 ) THIS is a defendant's second appeal against the decree passed by the civil Judge, Kolar in RA No. 151 of 1961, modifying the decree passed by the Munsiff at Kolar Gold Fields in O. S. No. 304 of 1960. The respondent Plaintiff brought the suit for a declaration that he is the owner of the vacant site shown as ABXEF and equal right in the common wall marked bf in the plaint sketch and for a mandatory injunction directing the defendant to close the window newly put up in the upstairs facing the open space and the drain draining out the water from the defendant's building falling on the open space. The plaintiff and the defendant have purchased the adjoining properties from the common owners Venkatalakshmiah setty and his two brothers. The property purchased by the plaintiff is shown as AXCDEM in the plaint sketch. The property purchased by the defendant is shown as BGLKHF. The properties in question are situate in Bangarpet town in the district of Kolar. The plaintiff's case is that the wall BF is the common wall, in which the defendant is not entitled to open a window facing the open space belonging to the plaintiff, as the same amounts to infringement of the right of privacy o

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